A Washington state man sentenced in the 1990s to 46 months in federal prison for possessing a pipe bomb now has become the subject of a tax investigation.
A civil case filed Thursday in Seattle against John Lloyd Kirk accuses him of pushing a “redemption” tax scheme. At least 31 of Kirk’s customers sought fraudulent tax refunds totaling about $8 million, the Justice Department said.
Kirk, 70, of Des Moines, Wash., has been identified by the Anti-Defamation League (ADL) as a “sovereign citizen” and member of an extremist group known as the “Little Shell Pembina Band.”
Kenneth Wayne Leaming, an emerging figure in the AdSurfDaily Ponzi scheme story, also has been identified by ADL as a sovereign citizen and member of the Little Shell Pembina Band. Leaming lists an address in Spanaway, Wash. In 2010, he sought unsuccessfully to sue the United States for the apparent sum of more than $29 TRILLION for its actions in the ASD case. The sum sought in the lawsuit was more than twice the U.S. Gross Domestic Product in 2009.
ASD President Andy Bowdoin was indicted last year on charges of wire fraud, securities fraud and selling unregistered securities. ASD is known to have sovereign citizens and tax-deniers in its ranks, and Bowdoin was accused of operating a Ponzi scheme that gathered at least $110 million.
Leaming’s history also includes the filing of bogus liens against government officials and a Franciscan hospital in Washington state, according to records. Like Kirk, he has purported to practice tribal law.
An ADL website publishes brief profiles of both Leaming and Kirk on the same page.
The Justice Department’s lawsuit against Kirk does not reference ASD. Kirk was accused of hatching a redemption scheme individually and through two entities: Indian Nations Advocate Law Office and The Kirk of Yahh Hava.
“Kirk purports to be a member of good standing of the Tulalip Tribal Bar and allowed to
practice law before its tribal court although he is not an attorney,” the Justice Department alleged.
In a redemption scheme, customers typically are told that the government maintains “secret” accounts for U.S. citizens and that the accounts contain vast sums of money that can be accessed and used to retire debts. Another form of the redemption theory holds that individuals can “draw” on their secret accounts with the U.S. Treasury to pay their tax bills and qualify for spectacular refunds.
“Kirk’s scheme is part of a ongoing trend amongst tax protestors to file frivolous tax returns and Forms 1099-OID (or to claim false OID income) with the IRS and courts in an attempt to escape their federal tax obligations and steal from the U.S. Treasury,” the Justice Department said.
“At his 1099 OID seminars, Kirk advises his customers that they can draw on a secret account with the United States Treasury to pay their debts,” the Justice Department alleged. “He further advises his customers to file bogus tax returns with fraudulent Forms 1099-OID to draw on this secret account that the Treasury supposedly maintains for each person. Accordingly, he advises his customers to file false Forms 1099-OID and tax returns seeking tax refunds for amounts equal to the amounts of their mortgages, car loans, credit card debts, and other debts as well as any interest incurred on those obligations.”
Kirk advised one of his customers to file fraudulent paperwork to receive a tax refund of more than $130,000. In another case, a customer of Kirk’s received a fraudulent refund of more than $700,000. At least 31 Kirk customers filed for fraudulent refunds totaling approximately $8 million, the Justice Department said.
The National Consortium for the Study of Terrorism and Responses to Terrorism (START), a terrorism research group based at the University of Maryland, identified Kirk as a member of the Washington state “Freemen.” ADL, meanwhile, reported that Kirk was a friend of infamous Montana Freeman LeRoy Schweitzer.
